Fernald v. French
Supreme Judicial Court of Maine
On motion. An action to recover damages for personal injuries sustained by plaintiff, a passenger in an automobile driven by his son-in-law, resulting from a collision between such automobile, and that of the defendant, which occurred on Washington Street ii; the city of Portland, on June 7, 1920, and also to recover damages and expenses resulting from injury to plaintiff’s wife, alleging negligence on the part of defendant in driving and controlling his automobile.
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On motion. An action to recover damages for personal injuries sustained by plaintiff, a passenger in an automobile driven by his son-in-law, resulting from a collision between such automobile, and that of the defendant, which occurred on Washington Street ii; the city of Portland, on June 7, 1920, and also to recover damages and expenses resulting from injury to plaintiff’s wife, alleging negligence on the part of defendant in driving and controlling his automobile. A verdict of §2,250 for plaintiff was returned by the jury, and defendant filed a general motion for a new trial. Case is stated…
1Opinion of the CourtSpear, J.
This case involves an automobile accident. The plaintiff recovered a verdict and the case comes up on the usual motion.
The plaintiff was a passenger in the car driven by James Wright, his son-in-law.
The negligence of the driver cannot be imputed to the plaintiff and the question of his contributory negligence is therefore eliminated.
The vital question to be considered is the alleged negligence of the defendant.
The accident took place in plain daylight and in a perfectly open street. It occurred at or near the junction of the Eastern Promenade and Washington Street in the city of Portland. At…
2Cited by23 opinions
- Verrill v. HarringtonSupreme Judicial Court of Maine · 1931
- White v. SchofieldSupreme Judicial Court of Maine · 1957
- Blackman v. JacksonSupreme Judicial Court of Maine · 1983
- Kennedy v. FlaggSupreme Judicial Court of Maine · 1950
- Reid v. WaltonSupreme Judicial Court of Maine · 1933
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